Litchfield Manufacturing Co.

National Labor Relations Board - Board Decisions

Dec 28, 1944

59 N.L.R.B. 1270 (N.L.R.B. 1944)

In the Matter of LITCHFIELD MANUFACTURING COMPANY and UNITED
FARM EQUIPMENT AND METAL WORKERS OF AMERICA, C. I. O.
Case No. 18-R-1145.-Decided December 28, 1944
Mr. B. F. Swisher, of Waterloo, Iowa, for the Company.
Mr. Charles W. Hobbie, of Cedar Rapids, Iowa, and Mr. Hart E.
Baker, of Chicago, Ill., for the Union.
Mr. Harold M. Humphreys, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Farm Equipment and Metal
Workers of America, C. I. 0., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representation
of employees of Litchfield Manufacturing Company, Waterloo, Iowa,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Stephen M.
Reynolds, Trial Examiner. Said hearing was held at Waterloo, Iowa,
on November 29, 1944. The Company and the Union appeared and
participated.' All parties were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the -issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE 13USINESS OF THE COMPANY
Litchfield Manufacturing Company, located at Waterloo, Iowa, is
a corporation engaged in the manufacture of farm implements such
as corn pickers, manure spreaders, and farm wagons. For the period
1 Although duly served with Notice of Hearing , the International Association of Ma-
chinists , A. F. L, failed to appear.
59 N L. R B, No. 230.
1270
LITCHFIELD MANUFACTURING COMPANY 1271
from May to October 1944, the Company's net purchases of raw mate- _
rials, consisting of steel, lumber, and castings, amounted in value to
$286,674, of which 36 percent' was shipped from points outside the
State of Iowa. For the same period the Company's total sales
amounted in value to $93,737, of which in excess of 55 percent was
shipped to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Farm Equipment and Metal Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 16, 1944, the Union requested recognition of the Com-
pany as the exclusive bargaining representative of its production and
maintenance employees. The Company refused to grant this request.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the-stipulation of the parties,
that all production and maintenance employees of the Company, in-
cluding watchmen and regular part-time employees, but excluding
office and factory clerical employees, executives, foremen and all other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section 9
(b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
R The Field Examiner reported that the Union submitted 50 application for membership
cards dated October 1944 , of which 44 bore names appearing on the Company's pay roll of
October 19 , 1944, which contained the names of 90 employees in the alleged appropriate
unit.
1272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the Direc-
tion.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III', Section 9, of National Labor Re-
lations Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Litchfield Man-
ufacturing Company, Waterloo, Iowa, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Eighteenth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during tha pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the election,
to determeine whether or not they desire to be represented by United
Farm Equipment and Metal Workers of America, C. I. 0., for the
purposes of collective bargaining.